IN THE CASE OF:	  

		BOARD DATE:	 24 February 2011 

		DOCKET NUMBER:  AR20100018054 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show receipt of the following awards:

* the Silver Star
* the Bronze Star Medal with "V" Device
* the Bronze Star Medal
* two Purple Hearts
* the Air Medal

2.  He states, in effect, although he earned all of the aforementioned awards and decorations, his DD Form 214 only reflects one of the Purple Hearts.

3.  He provides copies of five General Orders (GO) and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His record shows he was inducted into the Army of the United States on 25 February 1969 and held military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 2 October 1970, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of the remainder of his service obligation.

3.  Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam from 11 September 1969 through 2 October 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam he was assigned to 2nd Battalion, 320th Field Artillery Regiment, 101st Airborne Division (Airmobile) 22 September 1969 through 27 September 1970.  He was assigned to the following batteries during the periods shown:

* Headquarters and Headquarters Battery from 29 to 30 September 1969
* Battery C from 1 October 1969 to 27 September 1970

5.  Item 38 of his DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for his duty assignments.

6.  GO Number 87 issued by Headquarters, 95th Evacuation Hospital (Semi-Mobile) on 30 April 1970 shows he was awarded the Purple Heart for wounds sustained in action on 30 April 1970 while serving in the Republic of Vietnam.

7.  GO Number 8596 issued by Headquarters, 101st Airborne Division (Airmobile) on 4 August 1970 shows he was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force while serving the Republic of Vietnam during the period 1 October 1969 to 31 July 1970.

8.  GO Number 8711 issued by Headquarters, 101st Airborne Division (Airmobile) on 5 August 1970 shows he was awarded the Air Medal for meritorious achievement while participation in aerial flight while serving the Republic of Vietnam during the period 1 January 1970 to 30 June 1970.

9.  GO Number 10186 issued by Headquarters, 101st Airborne Division (Airmobile) on 1 September 1970 shows he was awarded the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force while serving the Republic of Vietnam on 29 April 1970.  The narrative reason portion of this award contains the statement "Despite being wounded, he continued to direct artillery fire until the insurgents had been silenced."

10.  GO Number 11987 issued by Headquarters, 101st Airborne Division (Airmobile) on 28 September 1970 shows he was awarded the Silver Star for gallantry in action while serving the Republic of Vietnam on 19 August 1970.  The narrative reason portion of this award contains the statement "Although sustaining a shrapnel wound, he refused medical attention and continued to assist in directing the assault until the enemy had been driven from the hill."

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized:

* Purple Heart
* Army commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar [M-14]
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14]

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for any additional awards pertaining to the applicant.

13.  His name appears on the Republic of Vietnam casualty roster for wounds sustained in action on 30 April 1970.

14.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 25 February 1969 through 2 October 1970.  There are no also entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

15.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a direct result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 - 28 February 1971 by Department of the Army General Orders (DAGO) 8, dated 1974 for achievements during his period of assignment.

18.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show receipt of the following awards:

* the Silver Star
* the Bronze Star Medal with "V" Device
* the Bronze Star Medal
* two Purple Hearts
* the Air Medal

2.  GO awarded him the following awards and decorations; therefore, he is entitled to have them shown on his DD Form 214:

* the Silver Star
* the Bronze Star Medal with "V" Device
* the Bronze Star Medal
* the Purple Heart
* the Air Medal

3.  The narrative reason portion of GO Number 11987, which awarded him the Silver Star for gallantry, shows he sustained a shrapnel wound in action on 19 August 1970 while serving in the Republic of Vietnam.  These GO are accepted as sufficient evidence upon which to base award of the Purple Heart and basis to correct his DD Form 214 to show award of the Purple Heart (2nd Award).

4.  DAGO awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievement during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Records show he was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

6.  The evidence of record confirms he served honorably on active duty during the period 25 February 1969 through 2 October 1970.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him 


award of the Army Good Conduct Medal that period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 25 February 1969 through 2 October 1970 and to correct his records to show this award.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart (2nd award) for wounds sustained in action on 19 August 1970 while serving in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 February 1969 through 2 October 1970; 

	c.  deleting the Purple Heart and the Vietnam Service Medal from item 24 of his DD Form 214;

	d.  adding to item 24 of his DD Form 214 the:

* Silver Star
* Bronze Star Medal (2nd Award) with "V" Device
* Purple Heart (2nd award)
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



	e.  providing him an appropriate document to reflect these corrections.



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100018054





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ABCMR Record of Proceedings (cont)                                         AR20100018054



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